There’s never a good time to experience the death of a loved one. The effects of wrongful death are devastating. In addition to the emotional consequences, there are also financial consequences to worry about.
A person grieving the loss of a loved one is usually unprepared to face the legal and financial challenges that come with it. Not only do you have to worry about the immediate costs, such as funeral and burial expenses, but the deceased person’s creditors will also usually begin pursuing their claims soon after.
When the negligence or maliciousness of another party causes the death of a loved one, you deserve compensation for your loss. Our local team of legal professionals can assist you in the technical and legal matters you will face when pursuing a wrongful death claim.
Thankfully, Texas law provides a legal remedy in the form of a wrongful death lawsuit. If your loved one’s death was caused by a motor accident, workplace incident, or any other incident involving another party’s negligence, you are entitled to compensation to help you weather the financial challenges that come your way. When you’re ready to pursue justice, closure, and the funds needed to move on, contact a compassionate Richmond wrongful death lawyer from Estes Personal Injury & Car Accident Lawyers.
Who May Recover Damages in Wrongful Death Cases?
In wrongful death claims, only certain people are entitled to claim compensation from the negligent party.
Sec. 71.004 of the Civil Practice and Remedies Code states, among others, plaintiffs eligible to recover damages include:
- The surviving spouse
- The children of the deceased, and
- The parents of the deceased.
If these persons do not bring an action for wrongful death claims within three months, the administrator or executor of the deceased’s estate may also bring an action for wrongful death unless requested not to.
What to Establish in Wrongful Death Cases
In wrongful death claims, establishing the other party’s negligence or malice intent is key to the success of the claim. The law provides that a party is negligent when they failed to observe the standard of care required of them under the circumstances.
In addition to proving the negligence of the party, it is also very important to prove a causal connection between their negligence and the wrongful death that occurred.
Proving this causal connection is complicated because even if the other party’s negligence is proven or admitted, they might shift the blame to a different cause entirely.
The Importance of Hiring a Wrongful Death Lawyer
Establishing the requisite standard of care, the other party’s failure to observe that standard, and the connection between that failure and the wrongful death are highly technical matters that go into the different theories of liability under the law.
Wrongful death cases also require proving the amount of damages sought in the claim. This will directly affect the amount of financial compensation you will receive if successful. These may arise from the loss of earning power, loss of financial support, as well as actual expenses incurred in connection to the wrongful death.
Your Richmond wrongful death lawyer is an important ally to have when bringing forward a wrongful death claim. The death of a loved one deserves all the justice and compensation under the law, especially for those left behind.
Our experienced legal team at Estes Personal Injury & Car Accident Lawyers is more than capable of assisting you in pursuing your wrongful death claim and guiding you through the complicated legal matters that may arise. Fill out the contact form on our website or schedule your free case review by calling 281-238-5400 and let us know how we can be of service to you and your family.